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Kentucky · 2026 · 39 steps · official links

How to start a business in Kentucky

Every step to open an LLC in Kentucky and get ready to hire, in order, with the official state page for each one. Agencies you'll deal with: Secretary of State · Department of Revenue · Office of Unemployment Insurance · Education and Labor Cabinet · Department of Workers' Claims.

LLC filing fee
$40
State sales tax
6%
Seller's permit
Free
Out-of-state sales threshold
$100,000
Last verified
October 27, 2026

This is the most common path: a new LLC, general business, paying W-2 employees and 1099 contractors. Adding a location, forming a corporation, or in a licensed industry? Customize it and check off steps as you go.

Customize this checklist

Popular Kentucky business types:

Step 1

Set up the business with the state

Do this first. The state tax and payroll accounts ask for your registration details.

Get a federal EIN

Apply free on the IRS website and get the number immediately. You'll need it for the state tax registration, a business bank account, and payroll. Opening a new location? You already have one; the same EIN works in every state.

FederalFreeIRS: Get an EIN

Sign an operating agreement

This internal document sets out who owns what, how decisions get made, and what happens if an owner leaves. It isn't filed with the state, but banks often ask for it, and it helps protect your liability shield. Single-owner LLCs need one too.

Every state

Open a business bank account

Bring your EIN letter, filed formation documents, and operating agreement or bylaws. Keeping business and personal money separate is one of the main things that protects your personal assets.

Every state

Check industry licenses and permits

Many businesses need a license or permit before opening, separate from registering the company. Check three levels: the state licensing board for your field, your city or county, and any federal agency that regulates your industry.

  • Trades and construction: general contractors, electricians, plumbers, HVAC and roofers usually need a state or local license, and often a bond
  • Personal services: salons, barbers, nail and esthetics shops need a shop license plus licensed staff; massage and tattoo studios are licensed too
  • Professional services: accounting, engineering, architecture, law, real estate and insurance require state licenses for the people and sometimes the firm
  • Child care, elder care and home care need a state facility or agency license and background checks
  • Retail with restricted products: alcohol, tobacco and vape, cannabis, firearms (federal FFL), pawn and secondhand dealers
  • Auto, transport and logistics: auto dealers and repair shops, towing, movers, and trucks that need a USDOT number
  • Money and finance: lenders, mortgage brokers, debt collectors and money transmitters are licensed by the state, often through NMLS
  • Local permits for almost everyone: city business license or tax registration, zoning or home occupation permit, sign permit and fire inspection

Decide on S corp tax treatment (optional)

If you want S corp taxation, file IRS Form 2553. The deadline is tight: generally within 2 months and 15 days after the start of the tax year you want it to apply. See Business basics for when it makes sense.

Form your LLC with the state

File Articles of Organization (or the state's equivalent) online through FastTrack (Secretary of State online services).

Name a Kentucky registered agent

You need a registered agent with a street address in Kentucky to receive legal papers and state notices. Use a registered agent service if you have no one local.

KY

Register a trade name (DBA) if you use a different name

LLCs and corporations file an assumed name certificate with the Secretary of State. Sole proprietor filing location not confirmed.

KYIf it applies$20

Know Kentucky's formation rules

For-profit corporations pay a one-time organization tax based on authorized shares ($10 minimum for 1,000 shares or fewer).

KY
Step 2

Register for state taxes

Register with Kentucky Department of Revenue

Register for withholding and sales tax with the Department of Revenue through Kentucky Business One Stop (onestop.ky.gov), using the Department of Revenue Tax Registration option. A paper Form 10A100 is also available.

  • Employees complete Form K-4 (Form 42A804) for state withholding
  • Statewide sales and use tax of 6%. Kentucky has no local sales and use taxes.

Check local taxes and business licenses

Many Kentucky cities and counties levy occupational license taxes on wages earned where work is performed. For example, Louisville Metro charges 2.2% for residents and 1.45% for nonresidents. Employers must register and withhold for each jurisdiction separately, and state reciprocity does not waive these.

KY

Plan for the $175 LLET minimum

Most LLCs and corporations owe Kentucky's limited liability entity tax each year, with a $175 minimum. It applies even to many small or unprofitable entities.

Register for local occupational taxes

Check every city and county where employees work. Each one may have its own license tax, return form and due dates.

  • Louisville Metro: 2.2% residents, 1.45% nonresidents
Step 5

Collect sales tax

Applies if you sell products, or services this state taxes. Most medical care is exempt. See Business basics for sales tax.

Register to collect sales tax

Kentucky calls it a Sales and Use Tax Permit. Register with the Kentucky Department of Revenue through Kentucky Business One Stop Portal (or Form 10A100; remote sellers can also use the Streamlined SSTRS) before you make your first taxable sale in Kentucky. You'll collect tax from customers and send it to the state.

  • State rate: 6%
  • Local taxes: No local sales taxes.
  • Kentucky has taxed a growing list of services since 2018, with more added January 1, 2023 (photography, event space rental, fitness and recreational instruction, interior design, extended warranties, and more), plus data brokering services from August 1, 2026. Digital property is also taxed.

Buy items you resell tax-free with a resale certificate

Give your supplier Form 51A105, Resale Certificate so you don't pay tax on inventory you'll resell. The buyer must hold a valid Kentucky Sales and Use Tax Permit and enter its account number; it can be used as a blanket or single-purchase certificate, and contractors cannot use it. Keep certificates your own customers give you, too.

  • Accepts the Streamlined Sales Tax multistate certificate

Selling into Kentucky from another state? Watch the threshold

Out-of-state sellers must register once sales into Kentucky pass $100,000 (previous or current calendar year), even with no office here.

  • HB 757 (2026) removed the 200-transaction test effective August 1, 2026, leaving only the $100,000 gross receipts test for goods, digital property, and services delivered into Kentucky.
  • Marketplace providers (Amazon, Etsy) that meet the remote retailer threshold must collect for third-party sellers.

Note this Kentucky sales tax rule

Kentucky's taxable service list keeps growing, so recheck it each year before assuming a service is exempt.

KY
Step 6

Before your first payroll

Applies once you pay W-2 employees who work in this state.

Complete Form I-9 and W-4 for each hire

Form I-9 is never mailed to the government. You keep it in your own files and show it only if ICE or the Department of Labor asks for an inspection.

  • The employee completes Section 1 by their first day of work
  • You review their original documents and complete Section 2 within 3 business days of the start date
  • Keep it for 3 years after the hire date or 1 year after employment ends, whichever is later
  • Store I-9s together, separate from personnel files, so an inspection doesn't expose other records
  • Remote hire? Have an authorized representative check documents in person, or, if you use E-Verify, use the DHS remote video inspection option
  • Also collect a federal W-4 for withholding

Post federal workplace notices

Federal posters (minimum wage, EEO, FMLA if you have 50+ employees, and others) go alongside the state ones.

Register for unemployment insurance with Office of Unemployment Insurance

Register once you pay wages to employees working in Kentucky. Reports and payments are usually quarterly.

  • 2026 new employer rate: 2.7% (new construction employers pay the top rate)
  • Taxable wage base: $12,000
  • Service Capacity Upgrade Fund (SCUF) is 0% for all of 2026. Employers register and file quarterly in the new Kentucky Unemployment Insurance Portal (KUIP), which replaced KEWES in summer 2026.

Buy workers' compensation insurance

Required at 1 or more employees. Buy coverage from an insurer authorized by the Department of Insurance or get approval to self-insure. Post a notice of coverage at your primary office and where payroll and personnel matters are handled.

Report each new hire

Report within 20 days of the first day the employee performs paid work. Report online at ky-newhire.com, by fax at (800) 817-0099, or by mail.

Check income tax reciprocity

Residents of Illinois, Indiana, Michigan, Ohio, Virginia, West Virginia and Wisconsin can give the employer Form 42A809 to stop Kentucky withholding. Virginia residents must commute daily. Ohio residents who own 20% or more of an S corporation employer do not qualify. Local occupational taxes still apply.

KY

Follow Kentucky pay timing rules

Kentucky's wage payment rules:

  • Pay frequency: Semi-monthly (per U.S. DOL state payday table).
  • Final pay: Fired or quit: by the later of the next normal payday or 14 days after separation.
  • Overtime: 1.5x after 40 hours a week. Also 1.5x for hours on the 7th day if an employee works all 7 days in a workweek.
  • Paid 10-minute rest break for every 4 hours worked. Meal period must start between the 3rd and 5th hour of a shift.

Pay at least Kentucky minimum wage

$7.25 an hour.

  • Tipped employees: $2.13 (tips must bring pay to $7.25)
  • Local rates: Kentucky law bars local minimum wages above the state rate (not re-verified).

Paid sick leave: no general state requirement

No state paid sick leave law for private employers.

KYIf it applies

Retirement plan: no state mandate

No state-run retirement program mandate for private employers.

KYIf it applies

Adopt a harassment policy (training recommended)

Kentucky doesn't require harassment training for private employers. A written policy and a yearly refresher are still best practice.

KYIf it applies

Post Kentucky workplace notices

Display the state's required labor law posters where employees can see them, along with the federal posters. Workers' comp notices come from your carrier.

Withhold at the 3.5% flat rate

Kentucky's individual income tax is a flat 3.5% for 2026. The state missed its budget trigger for a cut to 3% in 2027, so the rate is expected to stay at 3.5%.

Pay 7th-day overtime

If you let an employee work all seven days of a workweek, pay 1.5x for the seventh day's hours unless they were not allowed to work over 40 hours that week.

Give paid rest breaks

Kentucky requires a paid 10-minute rest break for every 4 hours worked, plus a meal period between the 3rd and 5th hour.

Step 7

Paying 1099 contractors

Collect a W-9 before the first payment

The W-9 gives you the contractor's legal name and tax ID for their 1099. Check the classification first: if you control how and when they work, they may legally be an employee.

Send Form 1099-NEC to contractors

File with the IRS and send the contractor a copy by January 31. For payments made in 2026 and later, the reporting threshold is $2,000 per contractor per year (it was $600 before).

FederalDue Jan 31
Step 8

Stay in good standing

Recurring deadlines. Put these on your calendar now.

Skip the FinCEN BOI report (U.S. companies are exempt)

FinCEN's final rule, effective August 14, 2026, permanently exempts companies formed in the U.S. from beneficial ownership reporting. Ignore letters or emails demanding a BOI filing fee; they're a common scam. Only companies formed outside the U.S. still file.

File the Annual Report

Keeps your business in good standing with the state. Missing it can lead to penalties or dissolution.

KYBetween January 1 and June 30 each year$15Kentucky: Annual report

Know your state business taxes

Most LLCs, corporations and other limited liability entities owe the limited liability entity tax (LLET) under KRS 141.0401. The minimum is $175 a year.

KY

File quarterly unemployment reports and withholding returns

File unemployment wage reports each quarter and state withholding returns on the schedule you're assigned (if the state has income tax), plus the annual W-2 reconciliation.

KYQuarterly

File sales tax returns on time

Monthly, quarterly, or annual as assigned by the state at registration; returns are due the 20th of the month after the period, and filing must be electronic. File a zero return if you had no sales; skipping it can bring penalties.

KY

Deadline calendar

Recurring dates for Kentucky and federal filings. A payroll service handles most payroll lines, but you should know they're happening.

WhenWhatFiled with
Jun 30Annual Report due to Secretary of State ($15)Kentucky
Apr 30Q1 unemployment insurance report and paymentKentucky
Jul 31Q2 unemployment insurance report and paymentKentucky
Oct 31Q3 unemployment insurance report and paymentKentucky
Jan 31Q4 unemployment insurance report and paymentKentucky
Assigned scheduleSales tax return (file a zero return if no sales)Kentucky
Jan 31W-2s to employees and SSA (with W-3); Form 940; 4th-quarter Form 941IRS / SSA
Jan 311099-NEC to contractors and IRSIRS
15th monthlyFederal payroll tax deposit (monthly depositors)IRS
Apr 30 · Jul 31 · Oct 31Form 941 for the quarterIRS
Jul 31Form 5500 or 5500-SF, if you sponsor a 401(k) (Oct 15 with Form 5558 extension)DOL (EFAST2)

Last verified: October 27, 2026

Common questions

How much does it cost to form an LLC in Kentucky?

The Kentucky state filing fee for an LLC is $40. That's the fee to form your LLC with the state. Expect other costs too, such as a registered agent service if you use one, licenses, and annual filings. See the checklist above for each step.

Do I need a seller's permit in Kentucky?

You need to register to collect sales tax in Kentucky if you sell taxable products or services there. The state rate is 6%, and local taxes may add to it. Registration cost: Free.

When does an out-of-state business have to collect Kentucky sales tax?

Out-of-state sellers must register once their sales into Kentucky pass $100,000 a year. Having an employee or office in Kentucky also creates nexus right away.

What does a Kentucky business have to file after it opens?

Recurring filings include: file the Annual Report; file quarterly unemployment reports and withholding returns; file sales tax returns on time. The deadline calendar above lists the dates.

Checklists for every state

This guide organizes official requirements. It isn't legal or tax advice. Fees, forms, and deadlines change, so confirm on each linked state page before you file, and talk to an attorney or CPA about your specific situation.